JULY 1, 2019 – DECEMBER 31, 2022

O’Toole scrivo, llc
14 Village Park Road
Cedar Grove, NJ 07009
(973) 239-5700

HYPERLINK \l "_Toc124855276"ARTICLE I - RECOGNITION PAGEREF _Toc124855276 \h 2

HYPERLINK \l "_Toc124855277"ARTICLE II – UNION SECURITY PAGEREF _Toc124855277 \h 3

HYPERLINK \l "_Toc124855278"ARTICLE III – HOURS OF WORK PAGEREF _Toc124855278 \h 7

HYPERLINK \l "_Toc124855279"ARTICLE IV – REPORTING TIME PAGEREF _Toc124855279 \h 13

HYPERLINK \l "_Toc124855280"ARTICLE V - seniority PAGEREF _Toc124855280 \h 16

HYPERLINK \l "_Toc124855281"ARTICLE VI – work force changes PAGEREF _Toc124855281 \h 17

HYPERLINK \l "_Toc124855282"ARTICLE VII – personnel files - evaluations PAGEREF _Toc124855282 \h 22

HYPERLINK \l "_Toc124855283"ARTICLE VIII - holidays PAGEREF _Toc124855283 \h 24

HYPERLINK \l "_Toc124855284"ARTICLE IX - vacations PAGEREF _Toc124855284 \h 26

HYPERLINK \l "_Toc124855285"ARTICLE X – paid leaves PAGEREF _Toc124855285 \h 30

HYPERLINK \l "_Toc124855286"ARTICLE XI – sick leave PAGEREF _Toc124855286 \h 32

HYPERLINK \l "_Toc124855287"ARTICLE XII – unpaid leaves of absence PAGEREF _Toc124855287 \h 38

HYPERLINK \l "_Toc124855288"ARTICLE XIII – salary and longevity PAGEREF _Toc124855288 \h 41

HYPERLINK \l "_Toc124855289"ARTICLE XIV – health benefits PAGEREF _Toc124855289 \h 44

HYPERLINK \l "_Toc124855290"ARTICLE XV – part-time employees PAGEREF _Toc124855290 \h 49

HYPERLINK \l "_Toc124855291"ARTICLE XVI – settlement of disputes PAGEREF _Toc124855291 \h 50

HYPERLINK \l "_Toc124855292"ARTICLE XVII – discipline and discharge PAGEREF _Toc124855292 \h 56

HYPERLINK \l "_Toc124855293"ARTICLE XVIII – General provisions PAGEREF _Toc124855293 \h 57

HYPERLINK \l "_Toc124855294"ARTICLE XIX – savings clause PAGEREF _Toc124855294 \h 62

HYPERLINK \l "_Toc124855295"ARTICLE XX – management rights PAGEREF _Toc124855295 \h 63

HYPERLINK \l "_Toc124855296"ARTICLE XXI – no strikes PAGEREF _Toc124855296 \h 65

HYPERLINK \l "_Toc124855297"ARTICLE XXII – total agreement PAGEREF _Toc124855297 \h 66

HYPERLINK \l "_Toc124855298"ARTICLE XXIII – labor-management committees PAGEREF _Toc124855298 \h 67

HYPERLINK \l "_Toc124855299"ARTICLE XXIV – term and renewal PAGEREF _Toc124855299 \h 70

HYPERLINK \l "_Toc124855300"ARTICLE XXV – COMPLETENESS OF AGREEMENT PAGEREF _Toc124855300 \h 71

This agreement entered into this ______ day of _____________, 2022, by the Free Public Library of the City of Paterson, New Jersey, hereinafter referred to as the Library and AFSCME New Jersey Council 63 and its affiliate, Local 3474B, Paterson Public Library Supervisory Employees, American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the “Union”, has at its purpose the promotion of harmonious relations between the Library and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work and other conditions of employment.

The employees represented in this bargaining unit may not request payroll deductions or the payment deductions or the payment of dues to any labor organizations other than the duly certificated majority representative pursuant to N.J.S.A. 52:14-15.9e. The City shall withhold dues from each Union members’ pay in an amount authorized by the Union. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer of the Union monthly. Dues shall not be withheld from employees who are not members of the Union. Any new employee who becomes a member of the Union will have a dues deduction card sent to the City by the Union.

B. Bulletin Boards:

The Library agrees to provide, for the exclusive of the Union, one-half (1/2) the existing bulletin boards to post notices and other Union information at each work location. Such notices shall bear the Union Seal or the Union Letterhead.

C. Access to Premises:

The Library agrees to permit representatives of the Union to enter the premises of the Library in accordance with the requirements of the Workplace Democracy Enhancement Act, N.J.S.A. 34:13A-5.11 et seq.

D. Union Rights:

The Library agrees not to interfere with the rights of employees to become members of the Union, and there shall be no discrimination, interference, restrain, or coercion by the Library or any Library representative against any employee because of Union membership or because of any employee activity in an official capacity on behalf of the Union.

E. Union Meetings:

1. The Library shall permit the Union to use its premises for Union meetings provided that such meetings do not interfere with the performance of duties assigned to the employees and the premises are not otherwise in use. Such meetings may, at the Union's request, be scheduled at times when the Library is closed to the public, at no additional expense to the Library.

2. Notices of all meetings shall be submitted to the Library Director at least forty-eight (48) hours in advance, stating the time and place of the meeting.

The Library agrees not to aid or promote any labor group or organization.

G. Membership Packets:

The Union may supply membership packets, which contain information for distribution to new employees, including the role of the Union, the membership application and a copy of this Agreement as well as other material mutually agreed to by the Library and the Union. The Union agrees to distribute such membership packets to new employees during the initial phase of employment, at times when these employees are not engaged in the performance on their duties.

H. P.E.O.P.L.E.

1. The City agrees to deduct from the wages of all bargaining unit members a deduction for the Public Employees Organizing for Political and Legislative Equality (“P.E.O.P.L.E”) as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the City and the Union. The City agrees to remit any deductions made pursuant to this provision promptly to the Union, together with an itemized statement showing the name of each employee from the whose pay such deduction had been made, and the amount deducted during the period covered by the remittance.

2. The Union agrees to indemnify and save the City harmless against any and all claims, demands, suit or other forms of liability that arise out of, or by reason of action taken by the City, in reliance upon dues deduction and/or P.E.O.P.L.E authorization information furnished by the Union or its representatives or in reliance upon the official notification on the letterhead of the Union and signed by the President of the Union advising of any changes in such deductions and/or P.E.O.P.L.E. authorization information furnished by the Union or its representatives or in reliance upon the official notification on the letterhead of the Union and signed by the President of the Union advising of any changes in such deductions.

The regular hours of work each day shall be consecutive. Reference to consecutive hours of work in the balance of this Article shall be construed to exclude lunch periods.

B. Work Week:

The work week for all employees shall consist of five (5), seven (7) hour days, Monday through Saturday, inclusive for a total of thirty-five (35) hours, exclusive of one (1) hour lunch period per shift.

C. Work Day:

Consecutive hours of work within the twenty-four (24) hour period shall constitute the regular workday. All employees shall be scheduled to work on a regular work shift, and each work shift shall have a regular starting and quitting time, except as may be otherwise stated within this Agreement.

D. Work Schedules:

1. Work schedules showing the employees' shift, workdays and hours shall be posted at each work location.

2. Work schedules shall not be changed arbitrarily or capriciously. Any proposed changes will be discussed by the Library and the Union in advance of implementation.

3. Except for emergencies, any employee who is scheduled to report to work and who presents him/herself for work as scheduled, shall be assigned work on the job for which he/she was scheduled. ^{However, when daily emergencies occur,} volunteers will be solicited first. In the event no one volunteers, employees will be assigned on a rotational basis, according to inverse seniority.

4. Work schedules for employees taking job courses may be adjusted by the Library Director. The Library Director may not unreasonably deny said adjustment.

E. Weekend Work:

1. Except for part-time employees, Saturday work shall be scheduled on a rotational basis, among the employees in each branch and every department to insure that all full-time employees will have at least every other Saturday off. However, employees may volunteer to work contrary to the provisions of this paragraph.

2. For employees hired prior to July 1, 2005, Sunday work shall be voluntary. However, when there are an insufficient number of volunteers, there may be involuntary Sunday employees on a rotational basis in inverse seniority order within each job classification.

F. Excused Failure to Report to Work:

Whenever possible the decision to close the Library system because of snow conditions will be made and the telephone chain begins no later than 7:00 a.m. Those determining whether or not to close the system will base their decision on such factors as road conditions which make it inadvisable for employees and public safety to open, weather report for North Jersey, amount of snow fall and length of time snow has been falling. The Library system will be closed whenever the Mayor or the Business Administrator or his/her designee determines that dangerous road conditions exist.

G. Emergency Closing:

1. In case of emergency closing, if the system closes during the work shift, due to such factors as excessive temperature or inclement weather, employee who otherwise available for work shall receive a full day's pay without loss of sick, vacation or personal leave. If an emergency closing occurs during the course of an employee's work shift, the employee shall be reassigned if more than one (1) hour remains in the employee's shift.

2. If, due to an emergency, the Library closes and the employees are sent home or are instructed to remain home without loss of pay, maintenance employees who are required to remain at or report to work will be compensated with time off, hour for hour, in addition to receiving regular pay for the day.

3. If the system has not been ordered closed, then employees who can only get to a Library by car and consider road conditions in their locality make it unsafe for them to drive must make it their own decision whether to drive or not. If the Library has not been officially closed for the day, then such time may be changed to:

a. Compensatory Time

b. Personal Days

c. Vacation Days

d. Sick Days (if out of 1,2,3)

4. Those staff members who do not wish to drive or use public transportation because of road conditions, but may be within walking distance of a branch library, should report to work at their nearest branch library irrespective of their regular work assignment. Staff members reporting to work in such conditions at their nearest branch will be given credit for working.

5. The Library shall endeavor to maintain room temperature between 68 and 80 degrees or as per PEOSHA at all the Library locations. No employee shall be assigned to a work location where the temperature is above 82 or below 67 degrees. When temperatures exceed these contractual limits, the Director shall declare an emergency closing of the facility within 45 minutes. If the Director is not available, the designated authority will make the decision within that same time limit.

6. Any employees scheduled off from work for any reason on a day when there is an emergency closing as referenced above shall not be entitled to any compensation under Section G.

H. Rest Periods:

All employees' work schedules shall provide for a ten (10) minutes rest period during each one-half (1/2) shift for a total of two (2) rest periods per day. Employees and Supervisors may mutually agree on the scheduling of rest periods. Smoking breaks are included in the definition of “Rest Period”. Smoking breaks are not in addition to the Rest Periods provided herein. Abuse of this provision will lead to disciplinary action.

I. Lunch Periods and Meals:

All employees covered by this Agreement shall have a lunch period of one (1) hour each shift with the exception of those working in Technical Processing where employees may elect to take a one-half (1/2) hour lunch period and then leave one-half (1/2) hour early. Employees are not allowed to use their daily one (1) hour lunch periods for making up any lost time as a result of tardiness.

1. Any employee called for emergency duty in addition to or outside of his/her regularly scheduled shift shall be paid for a minimum of three (3) hours at the rate of time and one­ half (1 ½), so long as said call-in is not contiguous with the employee's regular work shift.

2. Under no circumstances shall an employee be sent home during his/her regularly scheduled shift for the purpose of recalling such employee to work on another work shift which either begins at the end of the employee's regular work shift or anytime thereafter.

B. Premium Rates of Pay:

1. All non-exempt employees who are required to work in excess of forty (40) hours in one week shall be compensated at time and one-half of his/her regular rate of pay for all hours worked in excess of forty (40) hours. The compensation shall be in the form of cash or compensatory time at the employee’s discretion.

3. Sunday work will be paid at the rate of double time (2x) the employee's regular hourly rate in compensatory time off for all hours worked or in cash, the option to be the employee’s.

4. There shall be no pyramiding of these premium rates of pay.

5. Any employee required to work four (4) hours of overtime following his/her regular full day shall be granted one-half (1/2) hour off with pay for the purpose of eating. A similar one-half (1/2) hour with pay shall be granted for each subsequent four (4) hour period of overtime to be followed by additional overtime.

C. Distribution:

Overtime work shall be distributed equally to employees in the same job classification and within a department or unit subdivision on a rotational basis, beginning with the employee with the most seniority.

D. Work at Employee’s Option:

Overtime work shall be voluntary. There shall be no discrimination against any employee who declines to work overtime. However, if there are no volunteers, the employees shall be assigned overtime work in inverse order of seniority.

E. Overtime Pay:

All overtime work shall be paid for promptly, no later than the next regular payroll check following the pay period in which the overtime is worked.

F. For the purposes of computing overtime, the following paid absences shall be considered as time worked:

Bereavement Days Personal Days

Holidays Sick Days

Jury Duty Vacation Days

Compensatory Time Days

Seniority means an employee's length of continuous service with the Library since his/her last date of hire.

B. Seniority Lists:

A copy of the seniority list shall be furnished to the Local Union every six (6) months. The seniority list will show the names, job titles and date of hire of all employees in the unit entitled to seniority.

C. Breaks in Continuous Service:

An employee’s continuous service record shall be broken by voluntary resignation, discharge for just cause and retirement. However, if an employee returns to work in any capacity within one (1) year, the break is continuous service shall be removed from his/her record.

1. The term promotion means the advancement or reassignment of an employee to a higher paying position, which is not of a temporary situation.

2. Notice of vacancies in existing or new job classifications shall be posted on all bulletin boards within ten (10) calendar days of the decision to fill the vacancy stating the job classifications, locations, rate of pay and job requirements.

3. Employees interested in open positions, including employees on layoff, shall within the ten (10) day period make a written request for such positions to the Library Director or his/her designee.

4. Should the promotion or reassignment be of a permanent nature then the Library shall fill such positions from an appropriate Civil Service list and in accordance with existing Civil Service Rules and Regulations. However, the Library shall not refrain from selecting the highest scores, in rank order. Such decision shall not be arbitrarily or capriciously.

If an employee is assigned to a temporary job opening, he/she shall, if such opening pays a higher rate than his/her own job title, receive the higher rate after thirty (30) consecutive days. If such a temporary job assignment pays a lower rate than the employee's regular rate of pay, he/she shall nevertheless continue to receive the higher rate of his/her own job title.

C. Layoff:

1. In the event the Library plans a layoff of employees for any reason, the Library shall meet with the Union to review such layoff at least two (2) weeks prior to the date such action is to be taken.

2. When such action takes place, it shall be accompanied by laying off any temporary and probationary employees first, after this; provisional would be laid off. Should it be necessary to further reduce the work force, then regular employees shall be laid off in inverse order of seniority in title. For the purpose of layoff, provisional employees with more than five (5) years of service with the Library will be considered regular employees. Nothing in this paragraph shall compel the Library to violate Civil Rights Laws.

4. Permanent employees to be laid off will have at least forty-five (45) calendar days notice of layoff. All other employees will receive as much notice as possible, but not less than two (2) weeks.

5. When an employee is laid off due to a reduction in the work force, he/she shall be permitted to exercise his/her seniority right to bump, or replace an employee with less seniority. Such employee may, if he/she so desires, bump an employee in an equal or lower job classification provided the bumping employee has greater seniority than the employee whom he/she bumps.

D. Recall:

1. When the work force is increased after a layoff, employees will be recalled according to seniority in title. Notice of recall shall be sent to the employee at his/her last known address by registered mail. If any employee fails to report for work within ten (10) days from the date of mailing the notices of recall, he/she shall be considered a quit. Recall rights for an employee shall expire after one (1) year from the date of layoff.

2. No new employees shall be hired until all employees on layoff status within their present or former job title series desiring to return to work have been recalled. If an employee on layoff status is qualified to perform job functions of a job title not within their present or former job title series for which there is a vacancy, shall be given an opportunity to fulfill this vacancy prior to hiring a new employee.

E. Transfers:

1. Employees desiring to transfer to other jobs shall submit an application in writing to the Library Director. The application shall state the reason for the requested transfer.

2. Employees requesting transfer because of the elimination of their job shall be transferred to the same job on the basis of seniority and may be transferred to any other job of an equal classification.

3. The Library should send a transfer notice to:

a. Person to be transferred and why

b. Person's present supervisor

c. Person's new supervisor

d. Union President

1. It is understood and agreed that the Library will notify the Union immediately, in writing, of any, major decision involving a change in the operations of its facilities, whether such decision involves a partial or total closure or termination of any facilities or operations, a consolidation, or a partial or total relocation or removal of any facilities or operation.

2. Except as otherwise agreed to by the Union, the Library shall not take any action to effectuate or implement any such change, where such action would affect the employees covered by this Agreement, for a period of at least forty-five (45) days from the date of such notice.

3. Employees displaced by the elimination of jobs through job consolidation (combining the duties of two (2) or more jobs), the installation of new equipment or machinery, the curtailment or replacement of ^{existing facilities, the} development of new facilities, or for any other reason, shall be permitted to exercise their seniority rights to transfer to any other job in the service of the Library. An employee transferred as a result of the application of this provision shall be given reasonable training, not to exceed sixty (60) days to perform satisfactorily the job to which he/she is transferred.

New Year’s Day
Martin Luther King Day
President’s Day
Good Friday
Memorial Day
Juneteenth
Independence Day
Labor Day
Columbus Day
Election Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day

2. Any employee not scheduled to work on an observed City holiday in Section (A) 1 and who is not called in to work on said holiday shall receive no additional compensation.

3. Any employee who is not scheduled to work and is called in to work on an observed City holiday in Section (A) 1, will receive two (2) times his or her regular rate of pay for all hours worked on said observed holiday, in addition to their regular pay check.

C. If any of the holidays listed in Section (A) 1 fall on Saturday or Sunday, the holiday shall be observed either on the preceding Friday or the succeeding Monday and the Library will be opened Saturday except for:

New Years’ Day
July Fourth
Christmas Day

1. Vacation shall be granted, work schedules permitting, at the time requested by the employee. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greatest seniority shall be given his/her choice of vacation period in the event of any conflict over vacation period. Employees shall submit their yearly requests for use of vacation time to the Library by April 1^st. If an employee fails to submit their request by April 1^st, the employee will lose his/her seniority preference. The Library shall post the vacation schedule by May 1^st.

2. The Library will give a written reply within two (2) weeks of receipt of any other requests to utilize vacation time.

3. Changes on approved requests may only be made with the approval of the Department Head/Branch Supervisor.

4. Vacation may not be accumulated for more than one (1) year except for purposes of travel and study, which must be approved by the Director. Permission may not be unreasonably denied. In no case shall vacation be accumulated beyond December 31^st of the second year.

5. Employees who have more than one ⁽¹⁾ year's accumulated vacation on January 18, 2017 will not lose it and will be permitted to use it.

B. Holidays During Vacation Periods:

If a holiday occurs during the calendar week in which a vacation is taken by an employee, the employee may elect to extend his/her vacation or take a day in lieu of it.

C. Work During Vacation Period:

An employee may not be called in to work on his/her vacation unless he/she volunteers.

D. Vacation Rights in Case of Layoff or Separation:

1. Any employee who is laid off, discharged, retired, or separated from the service of the Library for any reason, prior to taking his/her vacation, shall be compensated in cash for the unused vacation he/she has accumulated at the time of separation.

2. In case of death of such employee, such payment shall be made to his/her estate.

3. Employees shall receive vacation pay in advance on the last day worked prior to beginning their vacation, if adequate prior notice is given to the Library.

1. All employees covered by this Agreement shall accrue and be entitled to the following annual vacation leave to be credited on January 1st following one year of employment; earned on a pro-rata basis.

2. The annual vacation leave schedule for full time employees hired before January 24, 2017 shall be as follows:

1st year	1 1/3 day per month
1-19 years	20 days per year
20-39 years	25 days per year
40+ years	35 days per year

6. The parties agree that vacation schedule as noted in paragraph (B) above shall not reflect a decrease in nay employee’s vacation leave that they enjoyed as a result of the previous agreement.

Each employee will receive a total of five (5) personal days each year, which will be non-cumulative. These may not be added to vacation except in case of emergency, subject to the approval by the Director and said disapproval is not grievable. Personal business, which exceeds five (5) days in a years, shall be deducted from vacation days. Employees shall receive personal days on a pro-rata basis until January 1^st following one year of employment.

B. Jury Duty:

Employees shall be granted a leave of absence with pay any time they are required to leave for jury or jury service. Checks received must be turned over to the City Treasury Department.

C. Union Leave:

Union members of Local 3474, 3474A, and Local 3474B who are elected to attend State, Council, and/or International Union conventions will be permitted time off without loss of leave time or pay to attend such conventions. The total number of says granted shall not exceed fifteen (15) days per year in the aggregate for all three units.

D. Civil Service Examinations:

Employees shall be allowed time with pay for at least four (4) hours to take open competitive and promotional examinations set up by the Civil Service System for job opportunities offered by the City of Paterson.

E. Military Service Leave:

Employees shall be entitled to military leave in accordance with applicable Federal and State statutes and regulations.

F. Bereavement Leave:

1. Four (4) days shall be given to any employee in case of death of immediate family, defined as: spouse, civil union partner, mother, father, son, daughter, sister, brother, grandparents, grandchildren, mother-in-law, or father-in-law.

2. One (1) day shall be given to any employee in case of death of brother-in-law, sister-in-law, aunt, uncle, niece, or nephew.

B. Entitlement. Employees shall be entitled to utilize accumulated sick leave for the following reasons:

1. Personal injury or illness;

2. Where exposure to contagious diseases endanger the health of other employees;

3. Where a member of the employee’s immediate family is critically ill or disabled;

4. For medical or dental examination or treatment for which arrangements cannot be made; or outside of working hours.

C. A doctor’s note shall be required after five (5) consecutive days of sick leave or whenever it appears reasonable to the Library to request a doctor’s certification.

D. Each employee will be granted one-day emergency leave per year. This may be applied against either Personal time or vacation time, at the employee’s discretion. Approval of additional emergency leave days shall be at the sole discretion of the Division or Department Director or designee, which shall not be reasonably denied. The Division or Department Director or designee may require verification of the need for the requested emergency leave day.

E. Payment of accumulated sick leave:

1. Employees who retire after twenty (20) years of service shall receive compensation for unused accumulated sick leave at the employee’s full daily rate of pay, based upon the average base pay received during the last full year of his/her active employment prior to the effective date of retirement.

2. There shall be a maximum payout of unused accumulated sick leave of $15,000.00 per employee.

3. Employees may request a lump sum payment for their unused accumulated sick leave when they receive notice of their retirement approval, payable as soon after the effective date of their retirement as possible.

4. Employees shall notify the Library no later than December 1^st that he/she plans to retire. Failure to notify the Library may cause a delay in the retirement payment due.

5. Employees hired before May 21, 2010 who retire after at least twenty-five (25) years of service shall receive a maximum of eighty (80) days’ pay over and above the $15,000.00 maximum if the employee has accrued the proper number of days. Employees hired on or after May 21, 2010 shall not be eligible for this payment in accordance with N.J.S.A 11A:6-19.2.

F. Absence due to Injury and Workers’ Compensation:

2. If an employee returns to work from injury leave for less than three (3) months, he may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than three (3) months.

3. When an employee returns from injury leave, he shall be entitled to a new period of injury leave for a period of up to three (3) months if the employee submits a new injury claim due to an independent even causing re-injury or a new injury.

4. When an employee requests injury leave, he or she shall be placed on "conditional injury leave" until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the City's Worker's Compensation carrier, with the final determination, if necessary, to be made by the Worker's Compensation Bureau or Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to job injury compensation, the employee shall be denied injury leave and shall have all time off charged against his or her accumulated sick time and, if necessary, against any other accumulated leave time. If the employee does not have enough accumulated time off, he or she shall be advanced sick time to cover the absence. If the employee leaves the employ of the Library prior to reimbursing the Library for such advanced time, the employee shall be required to reimburse the Library for such advanced time.

5. Any employee who is injured, whether slight or severe, while working, must make an immediate report within two (2) hours thereof to the Library Director.

6. It is understood that the employee must file an injury report with the Library Director so that the Library may file the appropriate Worker's Compensation Claim. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.

7. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he is unable to work, and the Library may reasonably require the employee to present such certificate from time to time.

8. If the Library does not accept the certificate of the physician designated by the insurance carrier, the Library shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the Library.

10. If the Library can prove that an employee has abused

his privileges under this Article, the employee will be subject to disciplinary action by the Library.

Employees may be eligible for leaves of absence after six (6) months’ service with the Library.

B. Application for Leaves:

1. Any request for a leave of absence shall be submitted in writing, from the employee to his/her immediate supervisor. The request shall state the date the leave of absence is being requested and the appropriate length of time off the employee desires.

2. If a leave of absence is authorized, the Library Director will inform the employee of it in writing.

3. Any request for a leave of absence shall be answered promptly. As for immediate leaves because of special urgency, they shall be answered, if possible, at the end of the shift on which the request is submitted.

4. Employees shall be returned to the job classifications and locations (if possible) that they held at the time the leave of absence was approved.

1. Leaves of absence without pay, not to exceed six (6) months, may be granted with the approval of the Library Board of Trustees, for reasonable purpose and such leave may be extended or renewed for an additional six (6) months. Reasonable purpose may not be construed to mean seeking or working on another job.

2. Reasonable purpose in each case shall be agreed upon by the Union and the Library.

D. Union Business:

1. Employees selected to any Union office or selected by the Union to do work which takes them from their employment with the Library may, with the written request of the Union and the approval of the Library Board of Trustees, be granted a leave of absence. The leave of absence shall not exceed six (6) months, but it may be renewed or extended for a similar period of any time upon the request of the Union.

2. Members of the Union selected by the Union to participate in any other Union activity shall be granted a leave of absence at the request of the Union. A leave of absence for such Union activity shall not exceed one (1) month, but it may be renewed or extended for a similar period at any time upon the request of the Union.

3. Sub-sections (1) and (2) above shall not apply to more than three (3) employees at any given time.

E. Maternity:
Maternity leaves, not to exceed six (6) months, shall be granted at the request of an employee. Maternity leaves may, upon the request of the employee, be extended or renewed for a period not to exceed six (6) months. A pregnant employee may work until term if she is able and wishes to do so.
F. Education:
1. After completing one (1) year of service, any employee, upon request, may be granted a leave of absence for education purposes. Courses must be in a field related to his/her work. The period of the leave of absence shall not exceed one (1) year.
2. One (1) year of absence for educational purposes shall not be proved more than once every three (3) years.
3. Work schedules permitting, employees may also be granted leaves of absence for educational purposes, not to exceed one (1) month in any calendar yea, to attend conferences, seminars, briefing sessions, or other functions or similar nature that are intended to improve and upgrade individual skills or professional ability.
G. Family Leave:
All employees are covered by the Family Leave Act.

2. Effective retroactive to July 1, 2020, there shall be an across-the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $31,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $32,000.

3. Effective retroactive to January 1, 2021, there shall be an across-the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $32,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $33,000.

4. Effective retroactive to January 1, 2022, there shall be an across- the-board wage increase of 2.0% for each employee, with the following exception: (a) Employees with a base salary of $33,000 or less will receive a $1,000 increase instead of the 2.0%. The minimum salary shall be increased to $34,000.

5. The retroactive increases will also apply to any overtime, longevity and shift differential for those years.

6. In order to be eligible for the retroactive pay increases, a bargaining unit member must be: in employment status with the City; or, between July 1, 2019 and the signing of the parties’ Memorandum of Agreement, have retired, deceased, been laid off, or resigned in good standing (not in connection with any disciplinary charges).

7. A bargaining unit member eligible pursuant to paragraph 6 above who leaves City employment before all retroactive increase payments referenced hereinabove are made to him/her shall be paid any outstanding retroactive monies due to him/her.

8. The City shall notify the PERS of the salary increases for bargaining unit members who retired prior to ratification so that their final base salary can be adjusted for pension purposes. The City shall make its pension contributions and shall deduct and submit the bargaining unit member's pension contribution from his/her retroactive amount due. ^{The City} shall also make its pension contributions and shall deduct and submit the bargaining unit member's pension contribution from his/her retroactive amount for bargaining unit members who retire prior to the first pay period of June 2022, prior to the bargaining unit member's retirement date.

B. Upon promotion, an employee will receive the entry level salary designated for that position or one thousand five hundred dollars ($1,500.00), whichever is greater.

C. A night shift differential will be paid at a rate of three percent (3%) for full-time employees whose shift requires them to work after 4:00 p.m. Saturday staff assignment will be paid at a rate of three percent (3%) differential. This does not apply to an employee working 9-5 or 10-6 Monday through Friday.

D. Longevity Service Pay:

1. Longevity shall read the same as the Longevity package for the City of Paterson, which consists of:

5 years of service	- 2%
10 years of service	- 4%
15 years of service	- 6%
20 years of service	- 10%
25 years of service	- 12%

E. While the Library shall maintain the right to continue performance evaluations, said evaluations shall not be used to determine wage increases for the life of this Agreement.

2. The contribution shall apply to employees for whom the employer has assumed a health care benefits payment obligation to require that such employees pay at a minimum the amount of contribution specified in this section for health care benefits coverage. The parties agree that should an employee voluntarily waive all coverage under the State Health Benefits Plan and provide certification to the Library that he/she has other health insurance coverage; the Library will waive the contribution for that employee. An employee on leave without pay who receives benefits under the State Health Benefits Plan shall be required to pay the requisite contribution, and shall be billed by the employer for these contributions. Healthcare benefits coverage will cease if the employee fails to make timely payments.

3. The Library reserves the right to self-insure or change insurance companies in providing health benefits agreed to hereunder as long as the benefits set forth in this Agreement, and presently in effect, are in the aggregate substantially equivalent. The Union will be notified by the Library in advance regarding such changes.

B. Optical Plan:

The Library shall continue to provide, to employees only, coverage under the Optical Plan in effect since December 31, 1983. Effective retroactive to July 1, 2003, the optical plan shall be increased to provide $50.00 for eye examinations and $50.00 for frames/lenses. Bargaining unit employees shall be entitled to this benefit every other year, as in the current plan.

C. Retiree Health Benefits:

The Library shall provide post-retirement health benefits to full time employees and their dependents in accordance with the provisions of the New Jersey State Health Benefits Plan. The employees shall make such contribution to this plan at the Tier 4 level under P.L. 2011, Chapter 78, except for retirees that were exempted from contributions pursuant to applicable law. Said benefits shall be provided:

1. To all current employees who retire with 25 years or more of service credit with the City and who have reached 55 years of age;

a. Current employees as of December 31, 2020 who will have 25 years in the New Jersey pension plan and at least 5 years of service with the City will be grandfathered such that they are eligible for health benefits at age 55 as if they had 25 years of service with the City; and

b. Upon the death of these employees that retire with 25 years or more of service credit with the City, the surviving spouse and dependent children under the age of twenty-six (26) shall be entitled to continued coverage under the New Jersey State Health Benefits Plan with the City continuing to pay its same share of premiums and the surviving spouse and dependent children under the age of twenty-six (26) contributing to insurance premiums as required by law. The coverage shall cease if: (1) the spouse dies; (2) the spouse remarries; or (3) the spouse reaches the age of 65.

4. To all employees who retire on or after age 62 with fifteen (15) or more years of service with the City and were hired prior to July 1, 2005.

5. To all current employees as of December 31, 2020 on or after age 65 with fifteen (15) or more years of service with the City and were hired after July 1, 2005.

The Library reserves the right to self-insure or change insurance companies in providing health benefits agreed to hereunder as long as the benefits set forth in this Agreement, and presently in effect, are in the aggregate substantially equivalent. The Union will be notified by the City in advance regarding such changes.

D. Hospital and Medical – Spouses and Eligible Dependents

of Deceased Employees:

E. The parties agree that if the State’s new healthcare plans for State employees represented by AFSCME and the Communication Workers of America become available to municipalities participating in the New Jersey State Health Benefits Plan, that they will meet to discuss and negotiate possible use of these plan options.

F. When employee contributions are negotiated for successor agreements, the starting point for the parties’ proposals to increase, decrease, or otherwise modify the contributions will be the present level of contributions, except where negotiations in section (E) occurs over newly available plans under the New Jersey State Health Benefits Plan.

B. Working fifteen (15) hours but less than twenty (20) hours per week will not be included in the bargaining unit.

C. Working twenty (20) hours a week or more will receive health benefits, in addition to benefits described in Section B.

B. A grievance is a claim by an employee or the union based upon the interpretation, application or violation of this agreement and includes minor discipline as noted in Step Three below.

C. The term "aggrieved" shall be taken to include all those employees covered by this Agreement.

D. If a grievance effects a group of employees, the union may process and institute such grievance at Step Three, provided it is initiated and signed by at least one employee.

E. The term “days” when used in this article shall, except where otherwise indicated, excludes Saturdays, Sundays, and holidays.

F. The parties shall attempt to hold grievance meetings during normal business hours and owned the cities premises. However, all grievance meetings with the city shall be without loss pay.

G. The union president and AFSCME New Jersey Council 63 shall be notified of all proposed disciplinary actions. The union shall have the right to submit a grievance concerning a minor suspension as well as major discipline involving provisional bargaining unit members directly to Step Three, and shall be handled in accordance with this procedure, including arbitration. All bargaining unit members with permanent Civil Service status subject to major discipline shall be required to challenge said discipline through Civil Service rules and regulations and shall be precluded from using the grievance procedure to resolve the discipline. All bargaining unit members with permanent civil service status subject to minor discipline shell have the right to appeal such discipline through the grievance procedure up to and including arbitration.

H. The Union reserves the right to have non-employee Union representatives at all steps of the Grievance Procedure.

I. Procedure:

STEP ONE: The Union Steward or other authorized representative, with the employee, shall take up the grievance or dispute with the employee's immediate supervisor within twenty-one (21) days of its occurrence. The written grievance at this Step shall contain the relevant facts, the applicable Section of the Agreement allegedly violated, and the remedy requested by the grievant. The supervisor shall then attempt to adjust the matter and shall give his/her answer to the Steward within five (5)

workdays. Failure to initiate the grievance within the time limit specified above shall constitute an abandonment of the grievance, and the grievance shall, thereafter, be forever barred.

STEP TWO: If the grievance has not been settled in Step One, it will be reduced to writing and presented to the Department Head, or his/her designee, within ten (10) work days following receipt of the determination from Step One. Thereafter, the Union and the Department Head, or his/her designee, shall meet at a mutually agreed upon time to discuss the grievance. The Department Head, or his/her designee, in consultation with the Division Head and immediate supervisor, shall render an answer, in writing, within five (5) workdays after its presentation at Step Two.

STEP THREE: If the grievance is still unresolved, it shall, within ten (10) workdays from receipt of the answer in Step Two, be submitted to the Business Administrator or his/her designee, who shall schedule a meeting within ten (10) work days with the Union and the grievant. The Business Administrator or his/her designee shall forward his/her answer in writing to the Union President and the grievant within five (5) workdays thereafter.

STEP FOUR: If the grievance is still unsettled, the Union may, within thirty (30) days following the answer in Step Three, request arbitration.

1. The arbitrator shall be selected in accordance with the rules and regulations of the Public Employment Relations Commission.

2. The arbitrator shall conduct a hearing and shall render his/her decision in writing with findings of fact and conclusions of law. The decision of the arbitrator shall be final and binding upon parties subject to the rights of the parties under law.

3. The arbitrator shall not add to, subtract from, modify or amend in any way this Agreement.

4. Only one (1) issue or grievance may be submitted to an arbitrator unless the parties agree otherwise.

5. The cost of the arbitrator will be borne equally by the Union and the City and all other expenses incurred by either side, including the presentation of witnesses, will be borne by the side incurring same. However, upon timely request, the City will make available for an arbitration hearing, employees of the City who the Union requested as witnesses on its behalf. The City shall make such employees available with the least disruption to the work of the City, and such individuals shall suffer no loss of their regular straight time rate of pay during their regular working hours for such appearance.

J. 1. Failure to process the grievance at any step within the time limits specified for that step will constitute an abandonment of the grievance, and that grievance shall, thereafter, be forever barred.

2. Failure by the City at any step of this procedure to communicate to the aggrieved employee and the Union the decision on a grievance within the specified time limits shall be deemed a negative response, and shall permit the Union to proceed to the next step of the grievance procedure.

3. Any of the time limits specified above may be extended by mutual agreement.

K. Miscellaneous:

1. Any employee shall have the right to present his grievance with assured freedom from restraint, interference, coercion discrimination or reprisal.

2. The grievance procedure shall in no way impair, diminish, or preclude any rights of the parties as set forth in New Jersey Statutes, N.J. Administrative Code, or any other law.

3. If, in the judgment of the Union a grievance affects a group of employees, the Union may process and institute such grievance at Step 3 of this grievance procedure, provided it is initiated and signed by at least one employee.

5. The concept of progressive discipline shall be kept in mind in all disciplinary matters.

1. Disciplinary action or measures shall include only warnings, suspensions, demotions and discharges. The Library may demote an employee, however, only for gross incompetence. This does not supersede any other provision of this Agreement.

2. Disciplinary action may be imposed upon an employee only for just cause. Any action taken with respect to an employee may be processed through the grievance procedure. Any action which provides for loss of pay, demotion or discharge, may, if the Union desires, start on the second step of the grievance procedure.

3. The Library, except in cases involving bodily harm or damage to property or loss of property, shall give the Union five (5) days’ notice, in writing, of the intention to suspend or discharge an employee. The Union and the Library shall make every effort to resolve the matter. If the matter cannot be resolved and the action takes place, the Local Union Representative and the employee will be given, in writing, the reason for the action. The writing served on the employee shall contain a description of the alleged acts of conduct including references to date, time and places.

4. It is the policy of the Library not to reprimand an employee before other employees or the public.

The Library and the Union agree there shall not be any discrimination, including harassment, based on race, creed, color, religion, national origin, nationality, ancestry, age, sex, familial status, marital status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or make available the results of a genetic test, veteran status, liability for military service, and mental or physical disability, including perceived disability and AIDS and HIV status, political affiliation, or any other legally protected status.

B. Union Activities on Library’s Time and Premises:

The Library and the Union recognize that Union officers and stewards have their relationship to their jobs a need for continuity in the assigned location, which exceeds that of other fellow employees. Work schedules permitted to Library will endeavor to maintain Union-Officer and job steward continuity in their job assignments.

C. Contract Negotiations:

1. The Library will give time off with no loss of pay for five (5) members of the Local Union Contract Negotiating Team to participate in contract negotiations if such meetings are held during their regular working hours.

2. This Agreement and its provisions will be extended to remain in full force and effect during any extended periods of negotiations that take place on the new Agreement subsequent to this Agreement's expiration date.

D. Work Rules:

1. The Library agrees that a new work rules or changes in existing rules shall not become effective until they have been discussed by the Library and the Union.

2. Employees shall comply with all existing rules, regulations, directives and Library policies that are not contravened by the terms of this Agreement, provided that these rules, regulations, directives, and Library policies are uniformly and equitably applied and enforced.

E. Protections and Security for Employees:

The Library shall make every effort to provide adequate protection at all work installations for all employees during their respective shifts. This Section does not include the obligation on the part of the Library to hire security guards.

The Library will make every effort to provide a parking facility for its employees at various work locations at no cost to the Library.

G. Temporary Employees:

The Library shall follow Civil Service Law, Rules and Regulations with respect to temporary employees.

H. Car Allowance:

Employees who are authorized to use their personal automobiles on Library business will be reimbursed at the prevailing City rate per mile.

I. Disabled Employees:

The Library shall make every effort to place employees who become partially disabled on their present jobs on work which they are able to perform.

J. Labor-Management Committee:

Conferences between representatives of the Library and at least three (3) representatives of the Local Union on important matters may be arranged by mutual agreement between the local President and the Library Director. Agreements for the time, date and place of such conference shall be made in advance of an agenda of the matters to be taken up shall be presented prior to the meeting. Employees acting on behalf of the Union shall suffer no loss of time or pay should such meeting fall within their regular work hours.

K. Time-Off for Meetings:

When meetings requiring participants of the Union and the Library, like departmental meetings, court proceedings, quasi­ judicial meetings and administrative meetings are called by the Library during working hours, participating employees shall not lose pay as a result of such attendance.

L. Staffing:

A minimum staffing level of two (2) employees is required for public access to any branch or department. The second person could be any Library employee.

M. Uniform Allowance:

1. Uniform allowance will be paid for maintenance workers and clerk driver only at the rate of $550.00 per year. An employee failing to wear the assigned uniform on the job will be subject to disciplinary action.

2. Security guards shall be entitled to the uniform allowance.

The Library will make reasonable efforts to have the union president or her/his designee present when a bargaining unit member is required to surrender Library property. The parties agree that instances may arise where it is not feasible or not possible to have the union president or her/his designee present when a bargaining unit member is required to surrender Library property. An itemized list of all property returned shall be prepared and signed by both the employee and a Library representative.

O. Workplace Democracy Enhancement Act:

The parties agree to comply with the requirements of the Workplace Democracy Enhancement Act, N.J.S.A. 34:13A-5.11 et seq.

B. The parties further agree to negotiate a substitute for the invalidated portion to the extent the matter is subject to negotiations.

C. If in any case this Agreement is in conflict with New Jersey Civil Service Commission regulations, the New Jersey Civil Service Commission regulations will prevail.

1. The executive management and administrative control of the Library and its properties and facilities and activities of its employees utilizing personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Library.

2. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, to decide the number of employees needed for any particular time and to be in sole charge of the quality and quantity of the work required.

3. The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety, and/or the effective operation of the Library, after advance notice thereof to the employees.

4. To hire all employees, to promote, transfer, assign or retain employees in positions within the Library.

5. To warn, reprimand, suspend, demote, discharge, any employee for good and just cause according to law.

6. To lay off employees in the event of lack of funds or under conditions where continuation of such work would be inefficient and non-productive. Subject to the Civil Service Commission’s Rules and Regulations.

B. The Library reserves the right, with regard to all other conditions of employment not reserved, to make such changes as it deems desirable and necessary for the efficient and effective operation of the Department.

C. Nothing contained herein shall be construed to deny or restrict the Library of its rights, responsibilities and authority under any other national, state, county or local laws and regulations.

D. The Library retains the right to subcontract any or all of the work performed by employees covered by this Agreement.

1. ^{To facilitate communication between the parties and to} promote a climate conducive to constructive employee relations, joint labor-management committees shall be established at the departmental levels of operations to discuss important matters of mutual interest. ^{The size of the committees shall be} limited to the number of representatives needed to accomplish their objectives. Committee size shall be determined by mutually agreed upon local arrangement.

2. Such committees will meet as necessary, but at least quarterly. Written agenda will be submitted a week in advance of regular meetings. Special meetings may be requested by either party. An agenda will be submitted along with the request. Such special meetings will be scheduled as soon as possible.

3. Approved time spent in such meetings shall neither be charged to leave credits not considered as overtime worked. Management shall make every effort to schedule meetings during reasonable hours without loss of pay.

4. The employee relations, joint labor management committees will meet quarterly.

b. Disagreements growing out of the implementation of memorandum or letters of understanding signed by the Director may be subject to the grievance procedure.

6. Staff representatives of Council 63, will render assistance to local joint committees on procedural and substantive issues as necessary to fulfill the objective of this Article and may participate in such meetings.

B. Work Rules:

1. Proposed new rules or modifications of existing rules shall first be discussed with the Union representative before they are established.

2. Supervisors shall not work overtime where non-supervisory employees are available, except in the case of emergency, or the inability of the employee to work overtime if the Library is unable to contact employees.

B. This Agreement shall remain in full force and effect during the period of negotiations.

IN WITNESS THEREOF, the parties have caused their names to be signed on ____ day of ___________, 2022.

CITY OF PATERSON __________________________ MAYOR	A.F.S.C.M.E. Local 3474B __________________________
__________________________ BUSINES ADMINISTRATOR	__________________________
__________________________ DIRECTOR OF PERSONNEL	__________________________
ATTEST: __________________________ CITY CLERK	__________________________